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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3 and 6.1 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal care attendants or personal
26assistants under Executive Order 2003-8 prior to the effective

 

 

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1date of this amendatory Act of the 93rd General Assembly, and
2the organization shall be considered to be the exclusive
3representative of the personal care attendants or personal
4assistants as defined in this Section; or (v) recognized as the
5exclusive representative of child and day care home providers,
6including licensed and license exempt providers, pursuant to an
7election held under Executive Order 2005-1 prior to the
8effective date of this amendatory Act of the 94th General
9Assembly, and the organization shall be considered to be the
10exclusive representative of the child and day care home
11providers as defined in this Section.
12    With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire fighters
18in an appropriate bargaining unit in accordance with the
19procedures contained in this Act, (ii) historically recognized
20by the State of Illinois or any political subdivision of the
21State before January 1, 1986 (the effective date of this
22amendatory Act of 1985) as the exclusive representative by a
23majority of the peace officers or fire fighters in an
24appropriate bargaining unit, or (iii) after January 1, 1986
25(the effective date of this amendatory Act of 1985) recognized
26by an employer upon evidence, acceptable to the Board, that the

 

 

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1labor organization has been designated as the exclusive
2representative by a majority of the peace officers or fire
3fighters in an appropriate bargaining unit.
4    Where a historical pattern of representation exists for the
5workers of a water system that was owned by a public utility,
6as defined in Section 3-105 of the Public Utilities Act, prior
7to becoming certified employees of a municipality or
8municipalities once the municipality or municipalities have
9acquired the water system as authorized in Section 11-124-5 of
10the Illinois Municipal Code, the Board shall find the labor
11organization that has historically represented the workers to
12be the exclusive representative under this Act, and shall find
13the unit represented by the exclusive representative to be the
14appropriate unit.
15    (g) "Fair share agreement" means an agreement between the
16employer and an employee organization under which all or any of
17the employees in a collective bargaining unit are required to
18pay their proportionate share of the costs of the collective
19bargaining process, contract administration, and pursuing
20matters affecting wages, hours, and other conditions of
21employment, but not to exceed the amount of dues uniformly
22required of members. The amount certified by the exclusive
23representative shall not include any fees for contributions
24related to the election or support of any candidate for
25political office. Nothing in this subsection (g) shall preclude
26an employee from making voluntary political contributions in

 

 

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1conjunction with his or her fair share payment.
2    (g-1) "Fire fighter" means, for the purposes of this Act
3only, any person who has been or is hereafter appointed to a
4fire department or fire protection district or employed by a
5state university and sworn or commissioned to perform fire
6fighter duties or paramedic duties, except that the following
7persons are not included: part-time fire fighters, auxiliary,
8reserve or voluntary fire fighters, including paid on-call fire
9fighters, clerks and dispatchers or other civilian employees of
10a fire department or fire protection district who are not
11routinely expected to perform fire fighter duties, or elected
12officials.
13    (g-2) "General Assembly of the State of Illinois" means the
14legislative branch of the government of the State of Illinois,
15as provided for under Article IV of the Constitution of the
16State of Illinois, and includes but is not limited to the House
17of Representatives, the Senate, the Speaker of the House of
18Representatives, the Minority Leader of the House of
19Representatives, the President of the Senate, the Minority
20Leader of the Senate, the Joint Committee on Legislative
21Support Services and any legislative support services agency
22listed in the Legislative Commission Reorganization Act of
231984.
24    (h) "Governing body" means, in the case of the State, the
25State Panel of the Illinois Labor Relations Board, the Director
26of the Department of Central Management Services, and the

 

 

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1Director of the Department of Labor; the county board in the
2case of a county; the corporate authorities in the case of a
3municipality; and the appropriate body authorized to provide
4for expenditures of its funds in the case of any other unit of
5government.
6    (i) "Labor organization" means any organization in which
7public employees participate and that exists for the purpose,
8in whole or in part, of dealing with a public employer
9concerning wages, hours, and other terms and conditions of
10employment, including the settlement of grievances.
11    (i-5) "Legislative liaison" means a person who is an
12employee of a State agency, the Attorney General, the Secretary
13of State, the Comptroller, or the Treasurer, as the case may
14be, and whose job duties require the person to regularly
15communicate in the course of his or her employment with any
16official or staff of the General Assembly of the State of
17Illinois for the purpose of influencing any legislative action.
18    (j) "Managerial employee" means an individual who is
19engaged predominantly in executive and management functions
20and is charged with the responsibility of directing the
21effectuation of management policies and practices. With
22respect only to State employees in positions under the
23jurisdiction of the Attorney General, Secretary of State,
24Comptroller, or Treasurer (i) that were certified in a
25bargaining unit on or after December 2, 2008, (ii) for which a
26petition is filed with the Illinois Public Labor Relations

 

 

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1Board on or after April 5, 2013 (the effective date of Public
2Act 97-1172) this amendatory Act of the 97th General Assembly,
3or (iii) for which a petition is pending before the Illinois
4Public Labor Relations Board on that date, "managerial
5employee" means an individual who is engaged in executive and
6management functions or who is charged with the effectuation of
7management policies and practices or who represents management
8interests by taking or recommending discretionary actions that
9effectively control or implement policy. Nothing in this
10definition prohibits an individual from also meeting the
11definition of "supervisor" under subsection (r) of this
12Section.
13    (k) "Peace officer" means, for the purposes of this Act
14only, any persons who have been or are hereafter appointed to a
15police force, department, or agency and sworn or commissioned
16to perform police duties, except that the following persons are
17not included: part-time police officers, special police
18officers, auxiliary police as defined by Section 3.1-30-20 of
19the Illinois Municipal Code, night watchmen, "merchant
20police", court security officers as defined by Section 3-6012.1
21of the Counties Code, temporary employees, traffic guards or
22wardens, civilian parking meter and parking facilities
23personnel or other individuals specially appointed to aid or
24direct traffic at or near schools or public functions or to aid
25in civil defense or disaster, parking enforcement employees who
26are not commissioned as peace officers and who are not armed

 

 

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1and who are not routinely expected to effect arrests, parking
2lot attendants, clerks and dispatchers or other civilian
3employees of a police department who are not routinely expected
4to effect arrests, or elected officials.
5    (l) "Person" includes one or more individuals, labor
6organizations, public employees, associations, corporations,
7legal representatives, trustees, trustees in bankruptcy,
8receivers, or the State of Illinois or any political
9subdivision of the State or governing body, but does not
10include the General Assembly of the State of Illinois or any
11individual employed by the General Assembly of the State of
12Illinois.
13    (m) "Professional employee" means any employee engaged in
14work predominantly intellectual and varied in character rather
15than routine mental, manual, mechanical or physical work;
16involving the consistent exercise of discretion and adjustment
17in its performance; of such a character that the output
18produced or the result accomplished cannot be standardized in
19relation to a given period of time; and requiring advanced
20knowledge in a field of science or learning customarily
21acquired by a prolonged course of specialized intellectual
22instruction and study in an institution of higher learning or a
23hospital, as distinguished from a general academic education or
24from apprenticeship or from training in the performance of
25routine mental, manual, or physical processes; or any employee
26who has completed the courses of specialized intellectual

 

 

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1instruction and study prescribed in this subsection (m) and is
2performing related work under the supervision of a professional
3person to qualify to become a professional employee as defined
4in this subsection (m).
5    (n) "Public employee" or "employee", for the purposes of
6this Act, means any individual employed by a public employer,
7including (i) interns and residents at public hospitals, (ii)
8as of the effective date of this amendatory Act of the 93rd
9General Assembly, but not before, personal care attendants and
10personal assistants working under the Home Services Program
11under Section 3 of the Disabled Persons Rehabilitation Act,
12subject to the limitations set forth in this Act and in the
13Disabled Persons Rehabilitation Act, (iii) as of the effective
14date of this amendatory Act of the 94th General Assembly, but
15not before, child and day care home providers participating in
16the child care assistance program under Section 9A-11 of the
17Illinois Public Aid Code, subject to the limitations set forth
18in this Act and in Section 9A-11 of the Illinois Public Aid
19Code, and (iv) as of January 29, 2013 (the effective date of
20Public Act 97-1158) this amendatory Act of the 97th General
21Assembly, but not before except as otherwise provided in this
22subsection (n), home care and home health workers who function
23as personal care attendants, personal assistants, and
24individual maintenance home health workers and who also work
25under the Home Services Program under Section 3 of the Disabled
26Persons Rehabilitation Act, no matter whether the State

 

 

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1provides those services through direct fee-for-service
2arrangements, with the assistance of a managed care
3organization or other intermediary, or otherwise, (v)
4beginning on the effective date of this amendatory Act of the
598th General Assembly and notwithstanding any other provision
6of this Act, any person employed by a public employer and who
7is classified as or who holds the employment title of Chief
8Stationary Engineer, Assistant Chief Stationary Engineer,
9Sewage Plant Operator, Water Plant Operator, Stationary
10Engineer, Plant Operating Engineer, and any other employee who
11holds the position of: Civil Engineer V, Civil Engineer VI,
12Civil Engineer VII, Technical Manager I, Technical Manager II,
13Technical Manager III, Technical Manager IV, Technical Manager
14V, Technical Manager VI, Realty Specialist III, Realty
15Specialist IV, Realty Specialist V, Technical Advisor I,
16Technical Advisor II, Technical Advisor III, Technical Advisor
17IV, or Technical Advisor V employed by the Department of
18Transportation who is in a position which is certified in a
19bargaining unit on or before the effective date of this
20amendatory Act of the 98th General Assembly, and (vi) beginning
21on the effective date of this amendatory Act of the 98th
22General Assembly and notwithstanding any other provision of
23this Act, any mental health administrator in the Department of
24Corrections who is classified as or who holds the position of
25Public Service Administrator (Option 8K), any employee of the
26Office of the Inspector General in the Department of Human

 

 

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1Services who is classified as or who holds the position of
2Public Service Administrator (Option 7), any Deputy of
3Intelligence in the Department of Corrections who is classified
4as or who holds the position of Public Service Administrator
5(Option 7), and any employee of the Department of State Police
6who handles issues concerning the Illinois State Police Sex
7Offender Registry and who is classified as or holds the
8position of Public Service Administrator (Option 7), but
9excluding all of the following: employees of the General
10Assembly of the State of Illinois; elected officials; executive
11heads of a department; members of boards or commissions; the
12Executive Inspectors General; any special Executive Inspectors
13General; employees of each Office of an Executive Inspector
14General; commissioners and employees of the Executive Ethics
15Commission; the Auditor General's Inspector General; employees
16of the Office of the Auditor General's Inspector General; the
17Legislative Inspector General; any special Legislative
18Inspectors General; employees of the Office of the Legislative
19Inspector General; commissioners and employees of the
20Legislative Ethics Commission; employees of any agency, board
21or commission created by this Act; employees appointed to State
22positions of a temporary or emergency nature; all employees of
23school districts and higher education institutions except
24firefighters and peace officers employed by a state university
25and except peace officers employed by a school district in its
26own police department in existence on the effective date of

 

 

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1this amendatory Act of the 96th General Assembly; managerial
2employees; short-term employees; legislative liaisons; a
3person who is a State employee under the jurisdiction of the
4Office of the Attorney General who is licensed to practice law
5or whose position authorizes, either directly or indirectly,
6meaningful input into government decision-making on issues
7where there is room for principled disagreement on goals or
8their implementation; a person who is a State employee under
9the jurisdiction of the Office of the Comptroller who holds the
10position of Public Service Administrator or whose position is
11otherwise exempt under the Comptroller Merit Employment Code; a
12person who is a State employee under the jurisdiction of the
13Secretary of State who holds the position classification of
14Executive I or higher, whose position authorizes, either
15directly or indirectly, meaningful input into government
16decision-making on issues where there is room for principled
17disagreement on goals or their implementation, or who is
18otherwise exempt under the Secretary of State Merit Employment
19Code; employees in the Office of the Secretary of State who are
20completely exempt from jurisdiction B of the Secretary of State
21Merit Employment Code and who are in Rutan-exempt positions on
22or after April 5, 2013 (the effective date of Public Act
2397-1172) this amendatory Act of the 97th General Assembly; a
24person who is a State employee under the jurisdiction of the
25Treasurer who holds a position that is exempt from the State
26Treasurer Employment Code; any employee of a State agency who

 

 

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1(i) holds the title or position of, or exercises substantially
2similar duties as a legislative liaison, Agency General
3Counsel, Agency Chief of Staff, Agency Executive Director,
4Agency Deputy Director, Agency Chief Fiscal Officer, Agency
5Human Resources Director, Public Information Officer, or Chief
6Information Officer and (ii) was neither included in a
7bargaining unit nor subject to an active petition for
8certification in a bargaining unit; any employee of a State
9agency who (i) is in a position that is Rutan-exempt, as
10designated by the employer, and completely exempt from
11jurisdiction B of the Personnel Code and (ii) was neither
12included in a bargaining unit nor subject to an active petition
13for certification in a bargaining unit; any term appointed
14employee of a State agency pursuant to Section 8b.18 or 8b.19
15of the Personnel Code who was neither included in a bargaining
16unit nor subject to an active petition for certification in a
17bargaining unit; any employment position properly designated
18pursuant to Section 6.1 of this Act; confidential employees;
19independent contractors; and supervisors except as provided in
20this Act.
21    Home care and home health workers who function as personal
22care attendants, personal assistants, and individual
23maintenance home health workers and who also work under the
24Home Services Program under Section 3 of the Disabled Persons
25Rehabilitation Act shall not be considered public employees for
26any purposes not specifically provided for in Public Act 93-204

 

 

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1or Public Act 97-1158 this amendatory Act of the 97th General
2Assembly, including but not limited to, purposes of vicarious
3liability in tort and purposes of statutory retirement or
4health insurance benefits. Home care and home health workers
5who function as personal care attendants, personal assistants,
6and individual maintenance home health workers and who also
7work under the Home Services Program under Section 3 of the
8Disabled Persons Rehabilitation Act shall not be covered by the
9State Employees Group Insurance Act of 1971 (5 ILCS 375/).
10    Child and day care home providers shall not be considered
11public employees for any purposes not specifically provided for
12in this amendatory Act of the 94th General Assembly, including
13but not limited to, purposes of vicarious liability in tort and
14purposes of statutory retirement or health insurance benefits.
15Child and day care home providers shall not be covered by the
16State Employees Group Insurance Act of 1971.
17    Notwithstanding Section 9, subsection (c), or any other
18provisions of this Act, all peace officers above the rank of
19captain in municipalities with more than 1,000,000 inhabitants
20shall be excluded from this Act.
21    (o) Except as otherwise in subsection (o-5), "public
22employer" or "employer" means the State of Illinois; any
23political subdivision of the State, unit of local government or
24school district; authorities including departments, divisions,
25bureaus, boards, commissions, or other agencies of the
26foregoing entities; and any person acting within the scope of

 

 

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1his or her authority, express or implied, on behalf of those
2entities in dealing with its employees. As of the effective
3date of the amendatory Act of the 93rd General Assembly, but
4not before, the State of Illinois shall be considered the
5employer of the personal care attendants and personal
6assistants working under the Home Services Program under
7Section 3 of the Disabled Persons Rehabilitation Act, subject
8to the limitations set forth in this Act and in the Disabled
9Persons Rehabilitation Act. As of January 29, 2013 (the
10effective date of Public Act 97-1158) this amendatory Act of
11the 97th General Assembly, but not before except as otherwise
12provided in this subsection (o), the State shall be considered
13the employer of home care and home health workers who function
14as personal care attendants, personal assistants, and
15individual maintenance home health workers and who also work
16under the Home Services Program under Section 3 of the Disabled
17Persons Rehabilitation Act, no matter whether the State
18provides those services through direct fee-for-service
19arrangements, with the assistance of a managed care
20organization or other intermediary, or otherwise, but subject
21to the limitations set forth in this Act and the Disabled
22Persons Rehabilitation Act. The State shall not be considered
23to be the employer of home care and home health workers who
24function as personal care attendants, personal assistants, and
25individual maintenance home health workers and who also work
26under the Home Services Program under Section 3 of the Disabled

 

 

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1Persons Rehabilitation Act, for any purposes not specifically
2provided for in Public Act 93-204 or Public Act 97-1158 this
3amendatory Act of the 97th General Assembly, including but not
4limited to, purposes of vicarious liability in tort and
5purposes of statutory retirement or health insurance benefits.
6Home care and home health workers who function as personal care
7attendants, personal assistants, and individual maintenance
8home health workers and who also work under the Home Services
9Program under Section 3 of the Disabled Persons Rehabilitation
10Act shall not be covered by the State Employees Group Insurance
11Act of 1971 (5 ILCS 375/). As of the effective date of this
12amendatory Act of the 94th General Assembly but not before, the
13State of Illinois shall be considered the employer of the day
14and child care home providers participating in the child care
15assistance program under Section 9A-11 of the Illinois Public
16Aid Code, subject to the limitations set forth in this Act and
17in Section 9A-11 of the Illinois Public Aid Code. The State
18shall not be considered to be the employer of child and day
19care home providers for any purposes not specifically provided
20for in this amendatory Act of the 94th General Assembly,
21including but not limited to, purposes of vicarious liability
22in tort and purposes of statutory retirement or health
23insurance benefits. Child and day care home providers shall not
24be covered by the State Employees Group Insurance Act of 1971.
25    "Public employer" or "employer" as used in this Act,
26however, does not mean and shall not include the General

 

 

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1Assembly of the State of Illinois, the Executive Ethics
2Commission, the Offices of the Executive Inspectors General,
3the Legislative Ethics Commission, the Office of the
4Legislative Inspector General, the Office of the Auditor
5General's Inspector General, the Office of the Governor, the
6Governor's Office of Management and Budget, the Illinois
7Finance Authority, the Office of the Lieutenant Governor, the
8State Board of Elections, and educational employers or
9employers as defined in the Illinois Educational Labor
10Relations Act, except with respect to a state university in its
11employment of firefighters and peace officers and except with
12respect to a school district in the employment of peace
13officers in its own police department in existence on the
14effective date of this amendatory Act of the 96th General
15Assembly. County boards and county sheriffs shall be designated
16as joint or co-employers of county peace officers appointed
17under the authority of a county sheriff. Nothing in this
18subsection (o) shall be construed to prevent the State Panel or
19the Local Panel from determining that employers are joint or
20co-employers.
21    (o-5) With respect to wages, fringe benefits, hours,
22holidays, vacations, proficiency examinations, sick leave, and
23other conditions of employment, the public employer of public
24employees who are court reporters, as defined in the Court
25Reporters Act, shall be determined as follows:
26        (1) For court reporters employed by the Cook County

 

 

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1    Judicial Circuit, the chief judge of the Cook County
2    Circuit Court is the public employer and employer
3    representative.
4        (2) For court reporters employed by the 12th, 18th,
5    19th, and, on and after December 4, 2006, the 22nd judicial
6    circuits, a group consisting of the chief judges of those
7    circuits, acting jointly by majority vote, is the public
8    employer and employer representative.
9        (3) For court reporters employed by all other judicial
10    circuits, a group consisting of the chief judges of those
11    circuits, acting jointly by majority vote, is the public
12    employer and employer representative.
13    (p) "Security employee" means an employee who is
14responsible for the supervision and control of inmates at
15correctional facilities. The term also includes other
16non-security employees in bargaining units having the majority
17of employees being responsible for the supervision and control
18of inmates at correctional facilities.
19    (q) "Short-term employee" means an employee who is employed
20for less than 2 consecutive calendar quarters during a calendar
21year and who does not have a reasonable assurance that he or
22she will be rehired by the same employer for the same service
23in a subsequent calendar year.
24    (q-5) "State agency" means an agency directly responsible
25to the Governor, as defined in Section 3.1 of the Executive
26Reorganization Implementation Act, and the Illinois Commerce

 

 

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1Commission, the Illinois Workers' Compensation Commission, the
2Civil Service Commission, the Pollution Control Board, the
3Illinois Racing Board, and the Department of State Police Merit
4Board.
5    (r) "Supervisor" is:
6        (1) An employee whose principal work is substantially
7    different from that of his or her subordinates and who has
8    authority, in the interest of the employer, to hire,
9    transfer, suspend, lay off, recall, promote, discharge,
10    direct, reward, or discipline employees, to adjust their
11    grievances, or to effectively recommend any of those
12    actions, if the exercise of that authority is not of a
13    merely routine or clerical nature, but requires the
14    consistent use of independent judgment. Except with
15    respect to police employment, the term "supervisor"
16    includes only those individuals who devote a preponderance
17    of their employment time to exercising that authority,
18    State supervisors notwithstanding. Nothing in this
19    definition prohibits an individual from also meeting the
20    definition of "managerial employee" under subsection (j)
21    of this Section. In addition, in determining supervisory
22    status in police employment, rank shall not be
23    determinative. The Board shall consider, as evidence of
24    bargaining unit inclusion or exclusion, the common law
25    enforcement policies and relationships between police
26    officer ranks and certification under applicable civil

 

 

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1    service law, ordinances, personnel codes, or Division 2.1
2    of Article 10 of the Illinois Municipal Code, but these
3    factors shall not be the sole or predominant factors
4    considered by the Board in determining police supervisory
5    status.
6        Notwithstanding the provisions of the preceding
7    paragraph, in determining supervisory status in fire
8    fighter employment, no fire fighter shall be excluded as a
9    supervisor who has established representation rights under
10    Section 9 of this Act. Further, in new fire fighter units,
11    employees shall consist of fire fighters of the rank of
12    company officer and below. If a company officer otherwise
13    qualifies as a supervisor under the preceding paragraph,
14    however, he or she shall not be included in the fire
15    fighter unit. If there is no rank between that of chief and
16    the highest company officer, the employer may designate a
17    position on each shift as a Shift Commander, and the
18    persons occupying those positions shall be supervisors.
19    All other ranks above that of company officer shall be
20    supervisors.
21        (2) With respect only to State employees in positions
22    under the jurisdiction of the Attorney General, Secretary
23    of State, Comptroller, or Treasurer (i) that were certified
24    in a bargaining unit on or after December 2, 2008, (ii) for
25    which a petition is filed with the Illinois Public Labor
26    Relations Board on or after April 5, 2013 (the effective

 

 

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1    date of Public Act 97-1172) this amendatory Act of the 97th
2    General Assembly, or (iii) for which a petition is pending
3    before the Illinois Public Labor Relations Board on that
4    date, an employee who qualifies as a supervisor under (A)
5    Section 152 of the National Labor Relations Act and (B)
6    orders of the National Labor Relations Board interpreting
7    that provision or decisions of courts reviewing decisions
8    of the National Labor Relations Board.
9    (s)(1) "Unit" means a class of jobs or positions that are
10held by employees whose collective interests may suitably be
11represented by a labor organization for collective bargaining.
12Except with respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, a bargaining unit determined by the Board
16shall not include both employees and supervisors, or
17supervisors only, except as provided in paragraph (2) of this
18subsection (s) and except for bargaining units in existence on
19July 1, 1984 (the effective date of this Act). With respect to
20non-State fire fighters and paramedics employed by fire
21departments and fire protection districts, non-State peace
22officers, and peace officers in the Department of State Police,
23a bargaining unit determined by the Board shall not include
24both supervisors and nonsupervisors, or supervisors only,
25except as provided in paragraph (2) of this subsection (s) and
26except for bargaining units in existence on January 1, 1986

 

 

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1(the effective date of this amendatory Act of 1985). A
2bargaining unit determined by the Board to contain peace
3officers shall contain no employees other than peace officers
4unless otherwise agreed to by the employer and the labor
5organization or labor organizations involved. Notwithstanding
6any other provision of this Act, a bargaining unit, including a
7historical bargaining unit, containing sworn peace officers of
8the Department of Natural Resources (formerly designated the
9Department of Conservation) shall contain no employees other
10than such sworn peace officers upon the effective date of this
11amendatory Act of 1990 or upon the expiration date of any
12collective bargaining agreement in effect upon the effective
13date of this amendatory Act of 1990 covering both such sworn
14peace officers and other employees.
15    (2) Notwithstanding the exclusion of supervisors from
16bargaining units as provided in paragraph (1) of this
17subsection (s), a public employer may agree to permit its
18supervisory employees to form bargaining units and may bargain
19with those units. This Act shall apply if the public employer
20chooses to bargain under this subsection.
21    (3) Public employees who are court reporters, as defined in
22the Court Reporters Act, shall be divided into 3 units for
23collective bargaining purposes. One unit shall be court
24reporters employed by the Cook County Judicial Circuit; one
25unit shall be court reporters employed by the 12th, 18th, 19th,
26and, on and after December 4, 2006, the 22nd judicial circuits;

 

 

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1and one unit shall be court reporters employed by all other
2judicial circuits.
3    (t) "Active petition for certification in a bargaining
4unit" means a petition for certification filed with the Board
5under one of the following case numbers: S-RC-11-110;
6S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
7S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
8S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
9S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
10S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
11S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
12S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
13S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
14S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
15S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
16S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
17S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
18S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
19S-RC-07-100.
20(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11;
2197-1158, eff. 1-29-13; 97-1172, eff. 4-5-13; revised 4-8-13.)
 
22    (5 ILCS 315/6.1)
23    Sec. 6.1. Gubernatorial designation of certain public
24employment positions as excluded from collective bargaining.
25    (a) Notwithstanding any provision of this Act to the

 

 

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1contrary, except subsections (e) and (f) of this Section, the
2Governor is authorized to designate up to 3,580 State
3employment positions collectively within State agencies
4directly responsible to the Governor, and, upon designation,
5those positions and employees in those positions, if any, are
6hereby excluded from the self-organization and collective
7bargaining provisions of Section 6 of this Act. Only those
8employment positions that have been certified in a bargaining
9unit on or after December 2, 2008, that have a pending petition
10for certification in a bargaining unit on April 5, 2013 (the
11effective date of Public Act 97-1172) this amendatory Act of
12the 97th General Assembly, or that neither have been certified
13in a bargaining unit on or after December 2, 2008 nor have a
14pending petition for certification in a bargaining unit on the
15effective date of this amendatory Act of the 97th General
16Assembly are eligible to be designated by the Governor under
17this Section. The Governor may not designate under this
18Section, however, more than 1,900 employment positions that
19have been certified in a bargaining unit on or after December
202, 2008.
21    (b) In order to properly designate a State employment
22position under this Section, the Governor shall provide in
23writing to the Board: the job title and job duties of the
24employment position; the name of the State employee currently
25in the employment position, if any; the name of the State
26agency employing the public employee; and the category under

 

 

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1which the position qualifies for designation under this
2Section.
3    To qualify for designation under this Section, the
4employment position must meet one or more of the following
5requirements:
6        (1) it must authorize an employee in that position to
7    act as a legislative liaison;
8        (2) it must have a title of, or authorize a person who
9    holds that position to exercise substantially similar
10    duties as an, Agency General Counsel, Agency Chief of
11    Staff, Agency Executive Director, Agency Deputy Director,
12    Agency Chief Fiscal Officer, Agency Human Resources
13    Director, Senior Public Service Administrator, Public
14    Information Officer, or Chief Information Officer;
15        (3) it must be a Rutan-exempt, as designated by the
16    employer, position and completely exempt from jurisdiction
17    B of the Personnel Code;
18        (4) it must be a term appointed position pursuant to
19    Section 8b.18 or 8b.19 of the Personnel Code; or
20        (5) it must authorize an employee in that position to
21    have significant and independent discretionary authority
22    as an employee.
23    Within 60 days after the Governor makes a designation under
24this Section, the Board shall determine, in a manner that is
25consistent with the requirements of due process, whether the
26designation comports with the requirements of this Section.

 

 

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1    (c) For the purposes of this Section, a person has
2significant and independent discretionary authority as an
3employee if he or she (i) is engaged in executive and
4management functions of a State agency and charged with the
5effectuation of management policies and practices of a State
6agency or represents management interests by taking or
7recommending discretionary actions that effectively control or
8implement the policy of a State agency or (ii) qualifies as a
9supervisor of a State agency as that term is defined under
10Section 152 of the National Labor Relations Act or any orders
11of the National Labor Relations Board interpreting that
12provision or decisions of courts reviewing decisions of the
13National Labor Relations Board.
14    (d) The Governor must exercise the authority afforded under
15this Section within 365 calendar days after April 5, 2013 (the
16effective date of Public Act 97-1172) this amendatory Act of
17the 97th General Assembly. Any designation made by the Governor
18under this Section shall be presumed to have been properly
19made.
20    If the Governor chooses not to designate a position under
21this Section, then that decision does not preclude a State
22agency from otherwise challenging the certification of that
23position under this Act.
24    The qualifying categories set forth in paragraphs (1)
25through (5) of subsection (b) of this Section are operative and
26function solely within this Section and do not expand or

 

 

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1restrict the scope of any other provision contained in this
2Act.
3    (e) The provisions of this Section do not apply to any
4employee who is employed by a public employer and who is
5classified as, or holds the employment title of, Chief
6Stationary Engineer, Assistant Chief Stationary Engineer,
7Sewage Plant Operator, Water Plant Operator, Stationary
8Engineer, Plant Operating Engineer, and any employee who holds
9the position of: Civil Engineer V, Civil Engineer VI, Civil
10Engineer VII, Technical Manager I, Technical Manager II,
11Technical Manager III, Technical Manager IV, Technical Manager
12V, Technical Manager VI, Realty Specialist III, Realty
13Specialist IV, Realty Specialist V, Technical Advisor I,
14Technical Advisor II, Technical Advisor III, Technical Advisor
15IV, or Technical Advisor V employed by the Department of
16Transportation who is in a position which is certified in a
17bargaining unit on or before the effective date of this
18amendatory Act of the 98th General Assembly.
19    (f) The provisions of this Section also do not apply to any
20mental health administrator in the Department of Corrections
21who is classified as or who holds the position of Public
22Service Administrator (Option 8K), any employee of the Office
23of the Inspector General in the Department of Human Services
24who is classified as or who holds the position of Public
25Service Administrator (Option 7), any Deputy of Intelligence in
26the Department of Corrections who is classified as or who holds

 

 

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1the position of Public Service Administrator (Option 7), or any
2employee of the Department of State Police who handles issues
3concerning the Illinois State Police Sex Offender Registry and
4who is classified as or holds the position of Public Service
5Administrator (Option 7).
6(Source: P.A. 97-1172, eff. 4-5-13.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.